Should you get paid for talking on your cell phone to your boss on the way home? What about for working through lunch? Casey says technology makes it easier to have an actual record of your working hours. It has become a big part of legal cases now in the courts. "When you come into the office and flip on the computer it creates a record of when you started," he says.

Putting in extra hours to get ahead may be a big problem if you are a worker who is entitled to overtime. These cases are easier to pursue than discrimination or lawsuits. They tend to settle and lawyers are able to recover fees. That infuriates small employers who find they get whacked with legal costs even if they prevail.